Shamima Begum

Baroness Jones of Moulsecoomb Excerpts

Tuesday 27th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I would not use a term such as “export”. I point out to the noble Lord that the asylum seekers he is talking about have arrived in this country illegally from a safe country—a point that often gets neglected to be made by certain Benches. I have explained the justification. Do we expect other countries to take responsibility for UK-grown terrorist threats? No, we commit to working closely with our partners to reduce the risk that is posed to us, collectively, by foreign terrorists.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am not very good on the rules of your Lordships’ Chamber—I admit that—but I would have thought that the noble Lord, Lord Ranger, raising gossip here in the House is not appropriate. Furthermore, Shamima Begum has been rendered stateless by this Government’s decision, simply because Pakistan says she has never lived there and never been a citizen—

[Noble Lords]

Bangladesh.

[Baroness Jones of Moulsecoomb (GP)]

Sorry—I make mistakes. She is in fact stateless now.

[Lord Sharpe of Epsom (Con)]

I am afraid that I have to say again to the noble Baroness that the Court of Appeal found for the Government on all grounds.

Knife Crime: Violence Reduction Units

Baroness Jones of Moulsecoomb Excerpts

Tuesday 20th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Baroness raises an interesting point. Of course, we keep all knife legislation under review, and noble Lords will be aware that moves have been made recently to ban, for example, zombie-style knives and machetes. Secondary legislation was laid in January, guidance will be available from 26 June and the ban will come into effect on 24 September. I will ensure that all forms of knives are kept very closely under review, particularly in view of patterns of use.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, obviously, large urban areas such as London have particular problems, and I would argue that there is a lot more crime. Are any comparative assessments being done so that each VRU can learn from others in all sorts of ways?

[Lord Sharpe of Epsom (Con)]

Yes, again, the noble Baroness raises a very good point. She is right, of course, that London has particular problems in this area. The activities of certain violence reduction units have absolutely influenced the way that the whole programme has been established across England and Wales—and indeed taking a lot of the lead from Scotland.

Protest Measures

Baroness Jones of Moulsecoomb Excerpts

Tuesday 13th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My noble friend raises some very good points. She is right that the simple fact of the matter is that recent protests have upped the temperature of protest. However, we have to remain proportionate, and I think this strikes the right balance.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I want to put it on record that I am appalled at the behaviour of the noble Viscount, Lord Hailsham, in climbing on the lions in Trafalgar Square. I think that is unacceptable. I have been on a lot of protests and I have never climbed on a war memorial or a lion. However, I agree with him in asking why on earth we are making this a criminal offence. All the officers I have spoken to—admittedly a small sample—have said that they do not need these powers and that they have enough powers. What these extra powers do is take away the discretion that they have in dealing with people, which is something they value because they do not want to be tied up in having to go off to the police station with loads of arrested people. Most of these measures are totally unnecessary. I completely support the firework ban; they are so environmentally polluting. But the Government cannot ban everything that they do not like; that is a mistake that some Governments get into, and that way lies a loss of democracy. In response to the noble Baroness, Lady Chakrabarti, the Minister said that facial recognition is for another day and it is not quite covered now. I argue that oversight of this is urgent, so in good time is not enough. The noble Lord, Lord Harris, said months back that this is a horse that has bolted out of its stable. We really have to find some way of making sure that the information is not passed out by the police, which it is in some cases now. Will the Minister think about bringing this in or discussing it urgently?

[Lord Sharpe of Epsom (Con)]

On the noble Baroness’s latter point, those discussions are ongoing and will continue within the Home Office. I certainly raise the subject regularly, not least because I too am concerned about proportionality; I think it entirely right. I am of course aware that the Government cannot ban everything they do not like, much as it might sometimes be fun to do so. On war graves, cemeteries, war memorials and so on, the public outrage was fairly significant, and noted. It was clear that this offended a great many people from all parts of the community. I do not know which officers the noble Baroness spoke to, but they should have spoken to their boss, because he asked for these powers.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, finally we have it here. We have been waiting quite a long time for this Bill, and it is very irritating that it is so misleadingly named, because of course the Rwanda safety Bill is the opposite of what is: it should really have been called the “Rwanda Not Safe At All Bill”. It amounts to a stupid, messy, inhumane, cruel, immoral and idiotic way of thinking that you can solve the problem of migration like this.

The Government have created this problem by not putting in, for example, better safe, legal routes. There have been lots of answers coming from these Benches about other possibilities.

Sorry, did somebody speak to me? That is not on.

The Government have created this problem. They have thrown together something they call a solution that is not a solution at all.

It is the noble Viscount, Lord Hailsham, who keeps talking. Can the Whips have a word with him, please?

The Government have dishonoured both Houses by tabling the Bill and bringing it to us to debate. It was wrong to bring this Bill to us; it was wrong to develop it at all.

First, there is the title. Rwanda is not a safe country. We have heard that again and again from the courts. The UK has just accepted for asylum Rwandans who were in fear of persecution if they stayed in Rwanda. That does not sound very safe. Just because this Government say that it is safe does not make it safe. I have heard some ridiculous things from that side of the Chamber. I have heard some very good things, by the way, but also some quite ridiculous things about how Rwanda is safe. It really is not. Secondly, we will be in violation of an international treaty. Do we want to be seen as a country that cannot be trusted, that signs an agreement then backs out of it? I would have thought not.

This is an exceptional Bill which needs us here in your Lordships’ House to take exceptional action. Stopping a Government who have a track record for introducing draconian laws overruling our courts is what we are here for. It is our job. Today we are talking about the rights of refugees but, if your Lordships accept this Bill going through, what is to stop a Government with a big majority then disapplying other human rights? The path to a totalitarian state is not just the Government banning strikes and effective protests or restricting the right to vote—all of which have happened—it is Ministers pushing through laws that say, “This group of people deserve no human rights and the courts are banned from helping them seek justice”. Today it is refugees but tomorrow there will be another scapegoat to target. Some of them might be vile people doing horrible things but that is the point of human rights. Human rights are for all of us. They are there to defend everyone’s right to justice, whether they are saint or sinner, whether the Government like them or hate them.

Convention is on the side of rejecting the Bill. The Labour Front Bench does not like the Lords blocking what MPs have voted for, and I understand that we should use this power sparingly, but, as we have heard, Labour has done it. It had its own successful fatal Motion 11 years ago so I think that it could support today’s fatal amendment if Labour Members just held their noses. I am proud to say that last year the opposition parties joined together to beat the Government on the water pollution rules. A year before that, we rejected outright the 18 pages of government amendments restricting the right to protest and forced the Government to come back with new legislation.

The Rwanda Bill was not in the Conservative Party manifesto. Disapplying the Human Rights Act was not in the manifesto. Convention allows us to reject it. Also, as someone said, it will take us hours. We will be sitting here for a very long time and many of us probably do not have that many hours left and should think, “Is that how we want to spend them—fighting this Government, not winning and having all our amendments sent back?”, because that end of Parliament does not understand what we are here for. If the Prime Minister genuinely believes that this is the will of the people, he should call a general election. Please give the public a chance to have their say about this, about the PPE corruption and about the mess that the Government have deliberately made of the NHS.

I have talked to a lot of people outside your Lordships’ House. Some, of course, are concerned about the boats arriving, for all sorts of reasons. But on doorsteps, in streets, offices, shops and pubs, the talk is less of “Stop the boats” and much more of “Stop the Tories”.

Family Migration (Justice and Home Affairs Committee Report)

Baroness Jones of Moulsecoomb Excerpts

Wednesday 20th September 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Justice and Home Affairs Committee report covers a lot of territory and has clearly highlighted many of the real problems with government policy. Its recommendations are, I would say, very sensible—clearly, the Government do not agree with them.

There is one thing that perhaps the Minister can answer now. The committee called for increased funding towards Home Office services to overcome delays and to reduce application fees. We know that the problems we have with the cost of hotel stays and the barges are all down to the Government because they chose not to set up a proper system for all the asylum seekers. I do not see why they could not have taken some advice from this report. The Government’s response is really not very good, which suggests that whoever responded did not read the report properly.

We know that the Government’s treatment of asylum seekers has been abysmal. They have created a backlog that they cannot clear up in the available time before they are thrown out of government, and the next Government will have to do it for them. It is quite shameful that they leave such a mess behind them for the next Government to sort out.

If we put aside all the things that we should feel towards people in such distress—our compassion, humanity, respect for the law and respect for the welfare of anyone in Britain—we could at least look at the financial and economic benefits of immigration. With an ageing population, we need other people. By inhibiting access to this country for people who need to be here to look after their children and so on, the Government are denying the British public all the skills, experience and competence of those who could come here, work and be a benefit to the tax system. They could be taxpayers, and therefore they can benefit us; I do not understand why the Government have such a block about this.

The Minister is clearly a stupendously intelligent person. I wonder whether he has read the report and, if he has, whether he might have a slightly different response from the Government’s, which is quite inadequate.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Of course.

[Baroness Jones of Moulsecoomb (GP)]

Can the Minister write to me about the questions I asked?

[Lord Murray of Blidworth (Con)]

Maybe. No, of course I will.

Migrants: Barges

Baroness Jones of Moulsecoomb Excerpts

Wednesday 20th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I replied to the noble Baroness, that is a long way from the topic of infection on barges. The term of office of the chief inspector was time limited. It is clearly open to the Home Secretary not to renew the appointment.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, can the Minister explain this to me, because I have not really understood it? Presumably the Government instituted health checks before any migrants were put on that boat, so why was it only the Dorset Council review that threw up these very negative findings? If the Government did not know about this, why did they respond to it so quickly?

[Lord Murray of Blidworth (Con)]

Because those health checks were the responsibility of Dorset.

Asylum Applications Backlog

Baroness Jones of Moulsecoomb Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My noble friend is entirely right that one of the keys to the asylum process is to remove those whose asylum applications are refused, but in some cases some countries are difficult about taking back their citizens. The Government take very seriously their obligations to seek to negotiate an improvement in those situations. An example of that being very successfully achieved was in relation to the Albanian cohort. As the House will hear later during the Statement repeat, we have successfully removed many Albanians to Albania under that agreement.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, when are the Government going to apologise for having created this backlog by closing all the safe and secure routes, except for a few nationalities? When will the Government apologise for making asylum seekers and refugees, who have experienced the most horrendous conditions, into some sort of right-wing trope and hate figures?

[Lord Murray of Blidworth (Con)]

I do not recognise any of the items raised by the noble Baroness. I can reassure her that there will be no such apologies.

Illegal Migration Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments
Monday 17th July 2023 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I remind noble Lords that this Bill was not a manifesto commitment at the last election; it is rather the extended version of a populist slogan for the upcoming one. That distinction is even more constitutionally significant when the Executive propose to expunge the age-old common law jurisdiction of His Majesty’s courts to issue interim relief in expulsion cases, the judicial practice of considering international obligations, and the Human Rights Act 1998 duty to interpret legislation compatibly with convention rights and freedoms where possible.

Noble Lords, and in particular the noble and learned Lords, Lord Hope and Lord Etherton, rejected the Government’s suggestion that the previous amendment to Clause 1 offended our legal traditions. None the less, we have softened it still further, removing references to “acts and omissions” and intended compliance only in the spirit of dialogue with the other place. Now, it merely requires that those interpreting this measure give regard to the human rights treaties mentioned. Without this amendment, an eventual illegal migration Act 2023 could become effectively exempt from the European Convention on Human Rights under domestic law as soon as its provisions are brought into force.

Again, in attempted dialogue with the other place we have clarified the amendment to Clause 4 to ensure that the duty to remove—so central to the Government’s scheme—is revived the moment a first instance court dismisses an application unless permission to an appeal court is granted. Without this amendment, the duty to remove applicants would continue, even where our higher courts are still considering the safety of a third country such as Rwanda.

The amendment to Clause 52 has been tightened to provide that courts must not only attempt but ensure that they give reasonable opportunity to the Secretary of State to object before granting interim injunctions preventing removal. Without this amendment, no British court would retain its common law power to prevent removal, despite grave risk to a person subject to ongoing legal proceedings. Noble Lords will remember that the Government have already taken the power to ignore Strasbourg interim relief under Clause 53.

In summary, without these amendments, the Government could argue a power, or even a duty, to remove new arrivals—potentially even as we rest this summer—before the Supreme Court hears the Rwanda test case in relation to past arrivals this autumn. That is what is at stake: one of the gravest executive power grabs and abrogations of the rule of law in living memory. That is why the, yes, unelected but more independent Chamber should exceptionally stand firm to protect the constitutional role of our courts and the rule of law.

In a state of sadness and some disbelief that things have come to this in our beloved land of rights advancement, from Magna Carta to the post-war settlement, I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

[Noble Lords]

Front Bench!

[Baroness Jones of Moulsecoomb (GP)]

I would just like to say, if I may, that I am surprised that the Government do not like this amendment. Quite honestly, it strengthens the Bill when it comes to legal procedure, and they would have fewer legal challenges to all their cases if it goes through. They should welcome it, particularly if there is no conflict with international law, as the Minister told us earlier, in order to restore certainty. The Government should support this amendment.

[Baroness Ludford (LD)]

My Lords—

Illegal Migration Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, there are three reasons we should be stubborn about not allowing the Bill to go through. The first is that this was not in the Tory Party manifesto: we do not have a duty to pass it. Secondly, Rwanda is not a safe country. Thirdly, we cannot pass legislation that allows the Government to break the law; that does not make sense.

[Lord Etherton (CB)]

My Lords, I support the amended version of Clause 1, put forward by the noble Baroness, Lady Chakrabarti. Whether or not Parliament intends to incorporate international treaties within our own law depends on the wording. The point was made on Report that the noble Baroness’s previous wording had no reference to interpretation. It seems to me quite clear now that the emphasis has been put on having regard to the provisions in these international treaties which bind this country for the purposes of interpreting this Act. I consider that this falls plainly on the right side of the line.

As for my own amendment to Motion S, which the noble Lord, Lord Murray, has addressed, I thank the Minister for his time, patience and reasonableness over the discussions concerning this. I was principally concerned that those who are entitled to the protection of the convention because of a well-founded fear of persecution in the country stated in the removal notice should not have to have an additional test of irreversible harm in order to prevent removal there. The assurances the noble Lord has given have satisfied me over that concern, particularly in relation to the principles in the case to which he drew attention, HJ (Iran) for LGBT refugees. My concerns have been satisfied and for that reason I will not oppose the Motion of the Government on this point.

Illegal Migration Bill

Baroness Jones of Moulsecoomb Excerpts

3rd reading
Monday 10th July 2023 Lords Chamber

[Lord Deben (Con)]

My Lords, I rise to ask the Minister to make a correction. He said that there were divisions between the two sides of the House, but surely what has been true about this Bill is that large numbers of people on this side of the House have been very unhappy about it, have voted against it or have not voted with the Government. It is very important that the Minister takes back to the Home Office the fact that this Bill is not supported by the House as a whole, even by those of us who recognise the great need to have strong immigration control.

If I may say so, the Minister’s comments about the drawings on the wall made me very unhappy. If it were his child in that place, he would know that his child would have been uplifted by those paintings. What about the people who did those paintings? They did it to make life a bit better for those people who find themselves in a position that we all ought to thank God that neither we nor our children are in. Until the Government understand that feeling, and recognise the unhappiness across the House, they will have missed the whole tone of what this House is about.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this is a bad Bill. We have done our best in your Lordships’ House to improve it. However, it is quite obvious that the Government, when we talk about kindness, compassion and humanity, seem to think that these are weaknesses. I argue that they are actually strengths. It is part of our British psyche to give that sort of kindness, so the Bill does not work for anybody in Britain. It certainly will not work for the Government to stop the boats. I just wish the Government had more common sense.

[Lord German (LD)]

My Lords, while echoing all the sentiments that have been expressed, I will address the remarks of the Minister in introducing new material at the very beginning of his statement about the legislative consent Motion of the Welsh Parliament, the Senedd. The impression given by the Minister was that these were matters reserved to the British Government, and that therefore any legislative consent Motion from the Welsh Senedd was not appropriate and certainly not allowed. But the matter on which it passed the legislative consent Motion was a very narrow issue indeed about how children in Wales are to be looked after, and the responsibilities of local authorities towards those children, no matter where those children came from.

The piece of legislation that the Government are now putting a red line through is an Act of the Welsh Parliament that has been signed by the Head of State. It is one of which the Welsh people are truly proud, because it projects certain obligations on local authorities to commit to those children who find themselves in Wales, no matter where they come from. I wonder whether the Minister, in reminding us why the Government have overturned that piece of legislation, knows that they are actually overturning a piece of primary legislation that was passed five years ago and has universal support from all parties in Wales. It is that narrow point that the Government seek to overturn, not the Bill as a whole, even though the Welsh Parliament has of course expressed widespread concerns about the Bill as a whole. But that is what the legislative consent Motion was denied for: the overriding of a piece of primary legislation in that respect.